· 4/16/1991
Dewing v. J.B. Driscoll Insurance Agency
Citations
- 569 N.E.2d 848
- 30 Mass. App. Ct. 467
- 1991 Mass. App. LEXIS 236
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concern for reducing congestion in court dockets must not come at the expense of justice
- error to dismiss where no action taken for over three years but no showing of prejudice or willful delay
- abuse of discretion to dismiss case where plaintiff waited over three years for trial to be scheduled without taking further action
- judge abused discretion in dismissing for lack of prosecution where plaintiff completed discovery, manifested intention to go to trial, and was merely awaiting trial date
- trial court erred by dismissing case with prejudice in the absence of “willful delay or default by the plaintiff or serious prejudice to the defendant”
- party filed written opposition to motion to dismiss
Source: CourtListener parenthetical corpus (CC0).
Judges: Brown, Perretta, Laurence
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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